Citation : 2025 Latest Caselaw 507 Jhar
Judgement Date : 2 July, 2025
2025:JHHC:17544
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3491 of 2025
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Pawan Kumar Singh, son of Nawal Kishore Singh, resident of
Kahyer Bagan, Ram Raja Talla, PO and PS Chatterjee Hat,
Shyampur, District Howrah, West Bengal
... ... Petitioner(s)
Versus
The State of Jharkhand. ... ... Opposite Party(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Niranjan Kumar, Advocate. For the State : Mr. Rajesh Kumar, A.P.P.
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02/ 02.07.2025
Heard the parties.
2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 85, 127(2), 115(2), 352, 82(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act pending in the court of learned Chief Judicial Magistrate, Deoghar in connection with Deoghar (Mahila) PS Case No. 01 of 2025.
3. The petitioner is the husband. There is an allegation of demand of dowry and torture.
4. During course of argument, learned counsel for the petitioner submits that all the offences are punishable for a period of seven years or less. He submits that notice under section 41A of Cr.PC (section 35(3) of BNSS) has been issued to the petitioner and the petitioner has appeared and is cooperating in the investigation.
5. Learned A.P.P. in reply admits the aforesaid facts and submits that the petitioner after receipt of notice is cooperating in the investigation.
6. Once the petitioner is cooperating in the investigation and offence punishable is for a period of seven years or less, the case falls within the directions given by the Hon'ble
2025:JHHC:17544 Supreme Court in "Satender Kumar Antil vs. Central Bureau of Investigation and Another" reported in (2021) 10 SCC 773.
7. Since the petitioner has already cooperated and not being arrested by the police, there is no apprehension of the petitioner of being arrested. Thus, the petitioner is directed to appear before the court concerned who will pass an order in terms of the judgment passed in "Satender Kumar Antil"
(supra).
8. Accordingly, this Anticipatory Bail Application stands disposed of.
(ANANDA SEN, J.)
Tanuj/Cp-3
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